Rutkowski v. Municipal Court

[250]

Opinion

WEINSTEIN, J.

*

This appeal involves a dispute over which county agency will pay the bill for a trial transcript which must be provided to an indigent defendant charged with a misdemeanor.

The procedural history and facts are undisputed: Petitioner and respondent Donald Rutkowski is the defendant in a criminal action presently pending in the Santa Clara County Municipal Court charging violations of Penal Code sections 464-468 and 242. The matter proceeded to jury trial on October 29, 1981. A mistrial was declared on November 3, 1981, when the jury was unable to reach a verdict. On November 25, 1981, defendant moved the court for a free reporter’s trial transcript to assist in preparation for retrial. The municipal court judge granted the motion in part by ordering that a transcript be prepared at no cost to defendant. The court further ordered the public defender’s office to pay for the transcript out of its own budget.

1

Defendant filed a petition for writ of mandate in the Santa Clara County Superior Court on January 19, 1982. The superior court granted a peremptory writ of mandate ordering the municipal court to have a trial transcript prepared and to pay for said transcript out of the municipal court budget. The Santa Clara Municipal Court (appellant) has appealed from the Santa Clara Superior Court writ ordering payment for the transcript out of the Santa Clara Municipal Court budget.

An indigent defendant is presumptively entitled to a full trial transcript in any further proceedings.

(Shuford

v.

Superior Court

(1974) 11 Cal.3d 903 [114 Cal.Rptr. 601, 523 P.2d 641];

People

v.

Hosner

(1975) 15 Cal.3d 60, 69 [123 Cal.Rptr. 381, 538 P.2d 1141];